Posted Today, 11:31 AM
A few months ago, my company announced they were going to shut down the location where I work and move out of state. They have locations all over the US and many places outside the US and are looking to cut costs by consolidating/relocating certain locations to a lower cost part of the US.
If we're interested in relocating we are required to post for our jobs. I am unable to relocate so I'm putting together my resume and looking for another job. Our group hasn't been told officially, but the word is our positions will transition to this new location by 2nd quarter 2014.
Anyway, I was wondering what can the company legally 'get away with' regarding separation for those who decide not to post for their job and relocate. Would that be considered 'resigning' and the employee is left with nothing or is the company obligated to give severance? I am concerned that if I have not already found something else by a certain time and they know I'm not relocating that when the end comes they'd consider my home decision as a resignation and I'd get nothing.
I don't plan to wait around to get the money, (If I got it it would be nice since I've been there a while) I am looking and have a good amount of time but I am interested in knowing if its realistic to expect a severance package in a case such as this.
Posted Today, 03:40 PM
The employer is not obligated to pay severance unless you are a member of a union that has a contract with the company that requires a severance payment in this circumstance or you have an employment contract with the company that calls for a severance payment.
As for whether you?d unemployment compensation in this case, discuss that with your state?s unemployment comp agency or a lawyer who handles unemployment comp litigation. Each state's law is different, and you did not mention the state. Your failure to apply for the new jobs at other locations might be deemed a voluntary termination in some states and disqualify you for benefits.
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